CREDIT TRANSACTION CASE DIGEST/ DELOS SANTOS VS. JARRA/ G. R. NO. L-4150/ 10 FEBRUARY 1910/ 15 PHIL. 147

CREDIT TRANSACTION CASE DIGEST
DELOS SANTOS VS. JARRA,
G. R. NO. L-4150, 10 FEBRUARY 1910, 15 PHIL. 147

TOPIC/DOCTRINE

In a contract of commodatum whereby one of the parties thereto delivers to the other a thing that is not perishable, to be used for a certain time and afterwards returned, it is the imperative duty of the bailee, if he should be unable to return the thing itself to the owner, to pay damages to the latter if, through the fault of the bailee, the thing loaned was lost or destroyed, inasmuch as the bailor retains the ownership thereof.

FACTS

On the 1st of September, 1906, Felix de los Santos brought suit against Agustina Jarra, the administratrix of the estate of Magdaleno Jimenea, alleging that in the latter part of 1901 Jimenea borrowed and obtained from the plaintiff ten first-class carabaos, to be used at the animal-power mill of his hacienda during the season of 1901-2, without recompense or remuneration whatever for the use thereof, under the sole condition that they should be returned to the owner as soon as the work at the mill was terminated.

Magdaleno Jimenea, however, did not return the carabaos, notwithstanding the fact that the plaintiff claimed their return after the work at the mill was finished. our died of rinderpest, and it is for this reason that the judgment appealed from only deals with six surviving carabaos.

ISSUE

Whether defendant is under obligation to indemnify the owner thereof by paying him their value.

 

RULING

The court held in the affirmative.

The court held that in a contract of commodatum whereby one of the parties thereto delivers to the other a thing that is not perishable, to be used for a certain time and afterwards returned, it is the imperative duty of the bailee, if he should be unable to return the thing itself to the owner, to pay damages to the latter if, through the fault of the bailee, the thing loaned was lost or destroyed, inasmuch as the bailor retains the ownership thereof.

Here, the court held that the carabaos delivered to be used not being returned by the defendant upon demand, there is no doubt that she is under obligation to indemnify the owner thereof by paying him their value.

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